Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Date Added : 02-11-2015

 

Resolution No.(175)(7/2012) by the Board of Iftaa`, Research and Islamic Studies:

"The Wife`s Father is Given Priority over Husband in Determining her Place of Burial in Case she Passed away"

Date: 14/7/1433 AH, corresponding to 4/6/2012 AD.

 

All perfect praise be to Allah. Blessings and peace be upon Prophet Mohammad and upon all his family and companions.

On the above date, the Board reviewed the following question:

Who should be given priority to receive the dead body of the  wife or the husband, take care of the burial process, and accept the condolences, whether their marriage was valid or they were divorced. Should the husband be given the priority, the wife, the children, the husband`s or the wife`s family?

Since death suffices as a lesson, there should be no room for dispute; rather, people should agree on what is best for the deceased as regards his/her burial place and funeral.

In case of dispute, priority should be given to the close paternal relatives of the deceased. If they disagreed about his/ her burial place, then the father is given priority, then the children, then the brothers.

The four jurists have given the wife`s relatives the priority in performing her funeral prayer. In fact, the Hanafite jurists have stated: "The husband enjoys no guardianship over his deceased wife; however, he is obliged to pay for the costs of enshrouding her and all the other costs of her burial." {Rad`d Al-Mohtaar, vol.2/pp.220,206}. This opinion has been adopted by the Jordanian Civil Status Code, 2010 /Article (71).

The Malikites as well as the Shafites gave priority to the husband over his wife`s male Mahrams as regards washing her (Ghusl) and placing her in the grave, because he is allowed to look at parts of her, which others aren`t allowed to look at; therefore, her Mahrams are given priority to take care of her funeral`s affairs, and her husband has more right to handle matters which may involve her indecent exposure.

Accordingly, when there is dispute as regards determining the place of the wife`s burial, priority is given to her father, then her sons over her husband, as stated by Al-Imam Ar-ramli (May Allah bless him): "If there is a dispute as regards the burial place of the husband, who made no bequest in this regard, then priority should be given to his closest paternal relatives in deciding where to bury him. If the deceased was the wife, then her closest paternal relatives should be given priority over her husband as to where she should be buried." {Nihayat Al-Mohtajj}. Moreover, Al-Khateeb Ash-Shirbini stated: "If the father and the mother had disputed over where to bury their deceased son, then the father should have the final say." {Moghni Al-Mohtajj}.

As regards accepting the condolences, we advise both parties to reach an agreement on that  for the sake of Allah and the deceased`s. And Allah Knows Best.

 

Chairman of the Iftaa` Board, The Grand Mufti of the Hashemite Kingdom of Jordan, His Grace Sheikh Abdulkareem Al-Khasawneh.

Vice-Chairman of the Iftaa` Board, Prof. Ahmad Helayel

Prof. Abduln`nassir Abu Al Bass`al/ Member

His Eminence, Sheikh Sa`ied Hijjawi/ Member

Pro. Mohammad Al-Qhodat/ Member

     Dr. Wasif Al-Bakhri

Dr. Mohammad Al-Khalayleh/ Member

Dr. Mohammad Khair Al-Essa/ Member

Dr.Mohammad Al-Zou`bi/ Member

 

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Summarized Fatawaa

I want to buy a house by having a loan from a bank?

If taking a loan from usrious banks it is impermissible; on the other hand, if this took place through Islamic ones then it is permissible to get the loan, since Allah the Most Exalted Said (What means): "And Allah has made buying lawful and forbidden usury (riba)." And Allah Knows Best.

 

 

 

I became ill while fasting and had to take an intramuscular injection twice on two consecutive days during Ramadan. I continued my fast as usual, as I was told that intramuscular injections do not break the fast. Please advise me so that I can know the correct ruling.
 
 
 
 
 

Subcutaneous and intramuscular therapeutic injections are not considered as invalidators of fasting because they do not enter the stomach through an open passage. However, intravenous injections containing nutritional fluids do invalidate the fast, as they are akin to food and drink in purpose. Therefore, your fast is valid. And Allah Knows Best.
 
 
 
 
 
 

Is it incumbent on the fiancée to obey her fiancé?

When the woman settles in her husband`s house, it is incumbent on him to provide for her and it is incumbent on her to obey him. Before that, and if the marriage contract had been concluded, then she is lawfully his wife and thus she should abide by custom in treating him, but if the marriage contract hadn`t been concluded, then she should treat him as a non-Mahram (Marriageable).

During a flight from Amman to the UAE, while we were flying over Saudi Arabia, the captain announced that it was time to break our fast, coinciding with the exact time of sunset. After I had broken my fast with my first date, the captain apologized for the earlier announcement and clarified that the correct time would be in 20 minutes. Am I required to continue fasting on that day?

Whosoever break his fast at teh very first announcement to make up the missed day of Ramadan, since Allah, The Most Exalted, Said (What means): "then complete your fast Till the night appears" [Al-Baqara/187]. And Allah Knows Best.